The Temporary Restraining Order that did not permit the Department of Homeland Security’s actions to dismantle border barriers erected by the State of Texas has been reversed.

This decision, issued on Wednesday night by U.S. District Judge Alia Moses, comes after the judge reviewed additional evidence presented in the case that plaintiffs hoped would stop the federal government from interfering in Texas’ efforts against illegal border crossings.

This decision means that the legal battle will proceed to a trial on the merits, even though a trial date is yet to be determined.

The lawsuit, filed by Texas Attorney General Ken Paxton and supported by the Texas Public Policy Foundation, was initiated on Oct. 30 and targeted the U.S. Department of Homeland Security, the U.S. Border Patrol, U.S. Customs and Border Protection and various Biden administration appointees.

A critical issue in the preliminary arguments revolves around the definition of when an “alien” can be considered to have “effected an entry” and whether migrants detained shortly after unlawful entry should be turned back across the border into Mexico.

Initially, Moses granted a TRO, preventing the federal government from “disassembling, degrading, tampering with, or transforming” the border barriers established under Gov. Greg Abbott’s Operation Lone Star. However, the judge did allow for a limited exception, permitting immediate action by federal authorities to provide medical assistance to distressed or injured migrants.

On Nov. 7, additional testimonies were presented by both the plaintiffs and the defense regarding the cutting of concertina wire and the facilitation of migrant entries into Texas from Mexico by federal officials.

Moses’ new order effectively reverses the TRO and sets the stage for a trial to determine the merits of the case.

In her ruling, Moses pointed out that the evidence presented in the Nov. 7 hearing and subsequent documents failed to establish a substantial likelihood of success for the plaintiff’s claims. However, she affirmed that the potential harm to the plaintiff’s private property rights still met the criteria for irreparable harm in preliminary injunction analysis.

Furthermore, Moses acknowledged several unresolved issues that will require attention during the upcoming trial. This includes examining whether the actions of the agency constitute a “final agency action,” as claimed by the plaintiffs. The judge also noted that the matter of border wire cutting seems to be specific to the Del Rio Sector, the busiest border crossing area among the five Texas-based Border Patrol Sectors.